Do contrato do seguro: o código de defesa do consumidor e as excludentes de cobertura segura.

Abstract

With the increase in damage resulting from accidents, the insurance instrument consequently emerged with the objective of reducing the financial losses incurred by victims or third parties. Initially, it was regulated by the Commercial Code. Subsequently, in view of the evolution suffered and the emergence of new insurance lines, the activity started to be regulated by the Brazilian Civil Code. In view of the great disparity of powers, in which the biggest protector in this relationship was the supplier, the legislator started to use, for the purpose of judgment, the Consumer Protection Code ­ (CDC), in order to try to establish a parallel of powers between both contractors. In this light, the present work has the general objective of analyzing insurance contracts under the consumer nuance of CDC and excluding insurance coverage. And as specific objectives to understand such a contract, from its creation and evolution in Brazilian legislation to the present day, to study the risk limiting clauses and the abusive clauses of insurance contracts in the insurance mechanism and its legal consequences, and to identify the subjects and institutes of the CDC that relate to the insurance industry. For that, it was used the deductive method and the methods of historical evolutionary and legal exegetical procedure, through a qualitative research of bibliographic­documental nature. The importance of the topic addressed is configured by the need to seek, study and analyze the doctrine, the ordinary and special law applicable to the species and the most current understanding of the Courts in the country, clarifying the theme that is so debated in the demands filed in our country. . In view of the large number of lawsuits arising from clauses that go beyond the right to restrict and become abusive. The use of CDC acts directly on the supplier's responsibility to produce unambiguous and accurate information and also to give the consumer a prior understanding of the contractual terms, especially highlighting those clauses that may limit or restrict the right.